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1987-08-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 7, 1987 A regular meeting of the Kodiak Island Borough Assembly was held May 7 1987, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:35 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Herb McMurtry of St. James The Fisherman Episcopal Church followed by the pledge of allegiance. There were present: Lorne White, Presiding Ann Barker Alan Austerman Ken Gregg Jack McFarland Wayne Stevens Absent: Eric Blankenburg (Excused) comprising a quorum of the assembly; and Linda Freed, Acting Borough Mayor Gaye Vaughan, Borough Clerk Shirley Berns, Deputy Borough Clerk APPROVAL OF AGENDA GREGG, seconded by STEVENS WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA BARKER, seconded by MCFARLAND moved to approve agenda with addition of Ordinance No. 87-19-0 and Ordinance No. 87-20-0 to "New Business" and KIB Financial Report for April, 1987 to "Informational Materials - Reports". moved to approve consent agenda. The Consent Agenda was read aloud by the Borough Clerk. WITHOUT OBJECTION, SO ORDERED APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of April 2, 1987. This item was previously approved under the "Consent Agenda." CITIZEN'S COMMENTS Acting Mayor Freed presented the Employee of the Month Award to Charles E. "Bud" Cassidy, Resource Management Officer. Steve Rennell spoke regarding rumors he had heard about cutting the borough budget and suggested the mil rate on borough property should be raised rather than to cut services. He said property taxes in Kodiak were very low when compared to other communities and thought the citizens of Kodiak should be responsible for paying for the services they receive. REGULAR MEETING INVOCATION ROLL CALL AGENDA APPROVAL CONSENT AGENDA APPROVAL APPROVAL OF MINUTES CITIZEN'S COMMENTS EMPLOYEE OF THE MONTH Kodiak Island Borough Regular Assembly Meeting COMMITTEE REPORTS COMMITTEE REPORTS Assemblyman McFarland said the Animal Control Task Force had completed their work and would present their findings at the May 14th work session. Assemblyman Stevens reported the Selief Lane Task Force was on hold waiting for the City of Kodiak Public Works Department to get back to them with prices on culverts and the number of cul- verts needed to drain the area. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 87-08-0 Establishing The School Building ORDINANCE Major Maintenance Fund And Providing Some Initial NO. 87-08-0 Funding For Such Fund. AUSTERMAN, moved to adopt Ordinance seconded by MCFARLAND No. 87-08-0. The presiding officer called for public testimony; there being none the assembly was reconvened. Acting Mayor Freed explained the purpose of the ordinance was to allow the assembly to take money that had accumulated in the borough land sale fund and put it into a separate fund to be used to upgrade and maintain schools. Assemblyman Stevens emphasized that the fund was established for repairs and maintenance on schools and not for capital expendi- tures on new facilities. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Gregg, McFarland, Stevens, White Noes: None MOTION CARRIED Unanimous B. Ordinance No. 87-09-0 Amending Chapters 17.03, 17.06, ORDINANCE 17.39 and 17.42 Relating To Approach Zones, Clear Zones NO. 87-09-0 and Parking Zones For Utility Airports In The Kodiak Island Borough. STEVENS, moved to adopt Ordinance seconded by GREGG No. 87-09-0. The presiding officer called for public testimony. Dan Ogg, an attorney, spoke on behalf of Anna Bravo, property owner, who was in the process of working on a commercial develop- ment in the area affected by this ordinance. He referred to Section 17.06.045 Approach Surface and explained if this section of the ordinance was adopted, the height of any building con- structed on Ms. Bravo's property would be limited to eleven feet due to the rise in elevation from the end of Lilly Lake. He recommended the ordinance be tabled and referred back to staff to be rewritten so the property owners in the area could utilize their property without height limitations. A discussion ensued between the assembly, the acting mayor, and Mr. Ogg. The presiding officer closed the public hearing and reconvened the assembly. BARKER, moved to table Ordinance seconded by MCFARLAND No. 87-09-0 and refer to Planning and Zoning Commission for review. May 7, 1987 Page 2 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR Barker, Gregg, McFarland, Stevens, Austerman, White None Unanimous Acting Mayor Freed presented a proclamation to Ron Keifer, Youth Activities Chairman for the Elks Lodge in Kodiak, declaring May 3-9, 1987 as Youth Week. Acting Mayor Freed also presented a proclamation to Wayne Haerer, Chairman of the Kodiak Island Visitors and Convention Bureau, declaring May 17-23, 1987 as Kodiak Tourism Week. After reviewing the monthly meeting schedule for May, Acting Mayor Freed pointed out the Kodiak National Wildlife Refuge Comprehensive Plan had been completed and the Fish and Wildlife Service would be holding a public hearing at 7:00 p.m. on May 13, 1987 in the Junior High School for review and urged residents to attend. OLD BUSINESS A. Resolution No. 87-22-R Establishing A Kodiak Island Borough Fisheries Commission. (Clerk's Note: Ordinance No. 87-22-R died for lack of a motion to remove from the table.) B. BOARD OF ADJUSTMENT - Mark White BARKER, seconded by STEVENS moved to place on the June 4, 1987 Regular Assembly Meeting Agenda under "Old Business" the Mark White Board of Adjustment hearing based on the record. Assemblyman Gregg stated that on advise from the borough attorney he would abstain from the vote because he served as chairman of the Planning and Zoning Commission during the time of the hearing. VOTE ON MOTION Ayes: Noes: Abstain: MOTION CARRIED McFarland, Stevens, Austerman, Barker, White None Gregg 5 Ayes, 0 Noes, 1 Abstention C. Findings of Fact - Rendezvous Liquor License Transfer MCFARLAND, moved to approve findings of seconded by GREGG fact in the Rendezvous Liquor License Transfer appeal as follows: PUBLIC HEARING ORDINANCE NO. 87-09-0 (continued) MESSAGES FROM THE MAYOR OLD BUSINESS RESOLUTION NO. 87-22-R BOARD OF ADJUSTMENT MARK WHITE APPEAL FINDINGS OF FACT RENDEZVOUS LIQUOR LICENSE TRANSFER May 7, 1987 Page 3 Kodiak Island Borough Regular Assembly Meeting 1. Health and safety factors involved when a liquor PUBLIC HEARING license was transferred into a once isolated residential community and the community would now RENDEZVOUS LIQUOR be located next to a business that could create LICENSE TRANSFER problems. (continued) 2. The inability to protect the citizens of the area due to the lack of support from the state troopers. 3. Community opposition. VOTE ON MOTION Ayes: Stevens, Austerman, Barker, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Bay View Road Service Area Maintenance Contract. BAY VIEW ROAD SERVICE AREA MAINTE- GREGG, moved to award Bay View Road NANCE CONTRACT seconded by STEVENS Service Area Maintenance Contract to Brechan Enterprises. Assembly Gregg noticed the maintenance contract had been sent to the Service District for comment and inquired if comments had been returned. Since no comments had been received, Assemblyman Austerman thought the service district should be contacted before awarding the contract. AUSTERMAN, moved to table awarding seconded by BARKER the contract until the June assembly meeting. VOTE ON MOTION TO TABLE MOTION CARRIED Unanimous Voice Vote B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 87-29-R Authorizing Leasing Of The RESOLUTION Office Space In The Kodiak Island Borough Building. NO. 87-29-R This item was previously approved under the "Consent Agenda." 2. Resolution No. 87-30-R To Effect Certain Budget RESOLUTION Changes As Enumerated Below. NO. 87-30-R .r AUSTERMAN, moved to adopt Resolution seconded by MCFARLAND No. 87-30-R. Acting Mayor Freed explained the resolution takes funds out of the fund balance and transfers it into the school insurance fund; it, also, puts money into the asbestos abatement project because there is not enough money in that fund. Assemblymember Austerman noted that this transfer indicates the asbestos abatement project went over budget by $65,000 which means more money was spent than was authorized. May 7, 1987 Page 4 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION Ayes: Noes: MOTION FAILED Barker, Gregg, Stevens Austerman, McFarland, White 3 Ayes, 3 Noes 3. Resolution No. 87-31-R Authorizing And Directing Staff To Institute A Collection Fee On Collections For Others. BARKER, seconded by AUSTERMAN VOTE ON MOTION Ayes: Noes: MOTION CARRIED moved to adopt Resolution No. 87-31-R. Barker, Gregg, McFarland, Stevens, Austerman, White None Unanimous NEW BUSINESS RESOLUTION NO. 87-30-R (continued) RESOLUTION NO. 87-31-R 4. Resolution No. 87-32-R Accepting A State Grant In RESOLUTION The Amount Of $850.00 For Coastal Management Planning. NO. 87-32-R BARKER, seconded by MCFARLAND moved to adopt Resolution No. 87-32-R. This item was previously approved under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 87-12-0 Revising Title 13 Of The Kodiak Island Borough Code Pertaining To Utilities This item was previously approved in first reading under the "Consent Agenda." ORDINANCES FOR INTRODUCTION ORDINANCE NO. 87-12-0 2. Ordinance No. 87-13-0 Levying Taxes On All Taxable ORDINANCE Real And Personal Property Within The Borough For NO. 87-13-0 The Expenses And Liabilities Of The Borough For The Fiscal Year Commencing On The First Day Of July 1987 And Ending On The Thirtieth Day Of June 1988. STEVENS, seconded by GREGG GREGG, seconded by STEVENS moved to adopt Ordinance No. 87-13-0 at first reading and set public hearing for special meeting of June 3, 1987 at 7:00 p.m. moved to amend by reducing $125,000 from departmental budgets listed as determined by the mayor. Assemblymember Gregg listed the following departments in General Fund 010 - C & RA Liaison, Manager/Mayor, Finance, Assessing, Community Development, Engineering, Data Processing, Resource Manager, Facilities, Building Inspector, Emergency Preparedness, and General Administration. He explained that all borough departments have been reduced by approximately eight percent already and this amendment would further reduce departments another seven percent for a total of fifteen percent. Assemblymember Barker stated she supported reducing the budget by another seven percent but would not support it if specifying salary freezes was included. She felt the cuts should be left up May 7, 1987 Page 5 Kodiak Island Borough Regular Assembly Meeting to the department heads and the mayor to make. She said the borough is a people organization that performs services and she didn't feel the employees of the borough should bear an undue portion of the burden of cuts that the whole community should share. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED GREGG, seconded by AUSTERMAN Gregg, McFarland, Stevens, Austerman, Barker, White None Unanimous moved to amend by deleting the Economic Development from the budget. Assemblyman Stevens felt it was unfortunate to pick this time to delete the Economic Development Department as Kodiak was the most active community in economic development growth in the state. However, he said when faced with a 1.6 million dollar shortfall, cuts have to be made and he would have to support the motion. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED GREGG, seconded by AUSTERMAN McFarland, Stevens, Austerman, Barker, Gregg, White None Unanimous moved to amend by deleting all donations to non-profit organizations including all federal revenue sharing, state funds, and K.I.B. funds that are not mandated pass-thru funds from the budget. A discussion followed between the assemblymembers where Assembly- man Gregg clarified that while it was not legal to propose a tax specifically for a given purpose, the assembly could make their intent clear that donations would be reinstated if the borough sales tax was passed. Assemblymember Barker's main concern was how the organizations would operate if their funds were withheld until a sales tax question could be placed on the ballot in October. Assemblyman Stevens stated the point of the discussion was an attempt by the assembly to reduce the 4 mil increase to property tax in the proposed budget. He said it was the intent of the assembly to propose all the ideas so the public could participate in the discussion over the next four weeks. He noted that the K.I.B. proposed contribution to the 34 organizations represented $393,000 or equivalent to one mil of the tax rate. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Austerman, Gregg, Stevens, White Barker, McFarland 4 Ayes, 2 Noes NEW BUSINESS ORDINANCE NO. 87-13-0 (continued) May 7, 1987 Page 6 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT AT FIRST READING Ayes: Stevens, Austerman, Barker, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous NEW BUSINESS ORDINANCE NO. 87-13-0 (continued) 3. Ordinance No. 87-14-0 Amending Section 17.36.030, ORDINANCE Relating To Nonconforming Lots Of Record And Sec- NO. 87-14-0 tions 17.06.610, 17.16.050, 17.17.050, 17.18.050, 17.19.040, And 17.20.040, Relating To Side And Rear Yard Building Setbacks In Residential Zoning Districts. This item was previously approved in first reading under the "Consent Agenda." 4. Ordinance No. 87-15-0 Reserving Certain Borough ORDINANCE Lands As A Vegetative Screen. NO. 87-15-0 This item was previously approved in first reading under the "Consent Agenda." 5. Ordinance No. 87-17-0 Amending The Personnel Rules ORDINANCE And Regulations Affecting Non -Temporary Part-time NO. 87-17-0 Employees. This item was previously approved in first reading under the "Consent Agenda." 6. Ordinance No. 87-18-0 Suspending Section 406, Step ORDINANCE Increases, And Section 416, Longevity Reward, Of NO. 87-18-0 The Personnel Rules and Regulations. This item was previously approved in first reading under the "Consent Agenda." 7. Ordinance No. 87-19-0 Increasing Personal Property ORDINANCE Tax On Boats And Vessels. NO. 87-19-0 STEVENS, moved to adopt Ordinance seconded by GREGG No. 87-19-0 at first reading and set public hearing for special meeting on June 3, 1987. Assemblyman Stevens reiterated the fact that the borough was faced with a 1.6 million dollar shortfall and this ordinance was one possibility for creating a balanced budget. He urged community participation in making these decisions. Regarding the proposed boat tax, Assemblyman Gregg pointed out the average vessel weight was 42 net tons for a proposed tax of $420.00 at ten dollars per ton. Assemblymember Barker said Kodiak was a fishing community and while other communities could tax their land based businesses, Kodiak's fishing boats could float away. She thought the town image should be emphasized as being user-friendly and supportive of the fisherman and she opposed this boat tax. Assemblyman McFarland concurred with Assemblymember Barker's statements. May 7, 1987 Page 7 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT Ayes: Noes: Gregg, Stevens, Austerman, White Barker, McFarland MOTION CARRIED 4 Ayes, 2 Noes 8. Ordinance No. 87-20-0 Placing The Question Of The Adoption Of A Sales Tax On The October 7, 1987 Regular Election Ballot. AUSTERMAN, moved to adopt Ordinance seconded by MCFARLAND No. 87-20-0 at first reading set public hearing for Special Meeting on June 3, 1987. VOTE ON MOTION Ayes: Gregg, McFarland, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. D. OTHER ITEMS 1. Entrance Pay Rate - Appraiser STEVENS, moved to approve entry seconded by MCFARLAND salary for Appraiser I to Range 15.5, Step D. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED McFarland, Stevens, Austerman, Barker, Gregg, White None Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. K.I.B. School District Regular Meeting of March 30, 1987, and Special Meetings of March 23, April 4, and April 9, 1987. 2. K.I.B. Personnel Advisory Board Meeting of April 13, 1987. 3. K.I.B. Planning And Zoning Commission Regular Meeting of April 15, 1987. 4. Monashka Bay Road Service District Regular Meeting of March 27, 1987. 5. K.I.B. Mental Health Center Advisory Board Regular Meeting of March 11, 1987. B. REPORTS 1. K.I.B.S.D. Financial Report for February and March, 1987. 2. K.I.B. Financial Report for March, 1987. 3. Staff Reports - Community Development, Economic Development, Facilities. NEW BUSINESS ORDINANCE NO. 87-19-0 (continued) ORDINANCE NO. 87-20-0 OTHER ITEMS ENTRANCE PAY RATE APPRAISER INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS May 7, 1987 Page 8 Kodiak Island Borough Regular Assembly Meeting C. OTHER NEW BUSINESS 1. Alaska Power Authority - Planning and Zoning Reso- OTHER lution 87-01-R Supporting A Request For Disposal Of Borough Land To The Alaska Power Authority. CITIZENS' COMMENTS CITIZEN'S COMMENTS None ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblymember Austerman said there had been a request for a letter supporting Scott Thompson to the Governor's Energy Task Force and following some discussion, he made the following motion. AUSTERMAN, moved to send a letter of APPOINTMENT TO seconded by GREGG support for Scott Thompson GOVERNOR'S ENERGY to the Governor's Energy TASK FORCE Task Force. VOTE ON MOTION Ayes: Stevens, Austerman, Barker, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous Assemblyman Austerman noted the procedure being used at the land- fill site for collection of fees was contrary to K.I.B. Code 8.20.050 which stated payments should be made in cash at the time of delivery except commercial users who are billed monthly. He said everyone was being billed and it was costing the borough money. Assemblyman Gregg said it was brought to his attention that the fine for uncovered loads was not being assessed. AUSTERMAN, moved to direct staff to - BALER COLLECTION seconded by GREGG handle payment and secured FEE DIRECTIVE loads per code. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Assemblymember Austerman stated that according to A.S. Title 29, copies of the budget should be available to the public for re- view. With the concurrence of the assembly, he directed staff to have these copies available for the public. Assemblyman Gregg referring to Ordinance 87-18-0 on the borough employees pay freeze said if the administration and staff could make cuts without the assembly having to instigate a pay freeze that he would vote against the ordinance. Assemblyman Stevens concurred with Assemblyman Gregg's comments on the pay freeze and said his opinions were not "cast in concrete" on any of the ideas presented. He said the borough staff does a tremendous job; and suggested a shorter work week as another idea that might cut employee costs. On the boat tax versus the mill rate, he said he was floating that concept in order to hear from the community as to how to proceed. He reminded the audience that May 16th was the community wide clean-up day and encouraged everyone to get out and clean up the community. Assemblyman McFarland agreed with previous comments on balancing the budget. He stated it would require participation from the entire community. May 7, 1987 Page 9 liY Kodiak Island Borough Regular Assembly Meeting Assemblymember Barker reminded the audience again about the ASSEMBLYMEN'S public hearing on the Comprehensive Plan for the Kodiak Island COMMENTS National Wildlife Refuge and noted the Refuge controls 1.59 (continued) million acres of Kodiak Island. Assemblymember Austerman explained how a budget was formulated and stated the budget presented this evening was the Mayor's budget. He gave reasons why the assembly was talking about instituting new taxes. He said even if the aforementioned cuts were made, there would still be a one mil shortage in balancing the budget and property taxes would have to be raised to make up the difference. Assemblyman Gregg clarified his intent in making the amendment to the budget as far as non-profit organizations. He said he did not intend his motion to be restricted to the organizations on the work sheet but to include all donations in the General Fund, Departments 153, 154, 169. Assemblyman Austerman inquired about the proposal for new micro- phones in the assembly chambers to which the clerk replied that she was waiting for an RFP to be written. It was the consensus of the assembly that in view of the present budget it would be best to forget about the microphones. ADJOURNMENT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 8:25 p.m. �, U EJ?fegiding Officer ATTEST: SI- May 7, 1987 Page 10 CIS